-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: April 11, 2007 9:01:13 PM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Another Brick in the Wal-Mart -- "Corporate Intelligence"
and Domestic Spying
WAL-MART SECURES GAG ORDER IN SECURITY SCANDAL
FIRED EMPLOYEE CAN’T TALK TO PRESS ABOUT COMPANY’S SPYING OPERATIONS
MSNBC, April 9, 2007
http://www.msnbc.msn.com/id/18024300
BENTONVILLE, Ark. - Wal-Mart has won a gag order to stop a fired
security operative from talking to reporters after a string of
revelations about the retailer’s large surveillance operations and
its business plans, according to court papers made public on Monday.
Wal-Mart Stores Inc. filed a lawsuit and request for a temporary
restraining order directly with Circuit Court Judge John R. Scott
after court hours Friday in the retailer’s home county of Benton.
After-hours filing directly with a judge was rare in civil cases,
Scott said.
The suit and the judge’s order granting the restraining order
against Bruce Gabbard became part of the public file Monday.
In the lawsuit, Wal-Mart alleges that Gabbard has violated trade
secrets law by revealing to reporters “confidential information
about Wal-Mart security systems and operations” and “highly
confidential information about Wal-Mart’s strategic planning”. It
seeks unspecified damages.
The judge’s temporary order bars Gabbard from disclosing any
further Wal-Mart trade secrets or confidential information.
The suit and restraining order were filed two days after Wal-Mart
apologized to activist shareholders for Gabbard’s revelation that
they were considered potential threats and ahead of a story in
Monday’s editions of the Wall Street Journal on Gabbard’s claim
that Wal-Mart had a super-secret “Project Red” aimed at bolstering
its stagnant share price.
Wal-Mart declined to comment on the “Project Red” report except to
say in a statement, “Our senior management, our board and their
advisors regularly conduct thorough, strategic reviews of all
aspects of our business. That’s just good governance. We look at a
full range of alternatives, many of which are considered and
rejected, and we will not comment specifically on any of them.”
The Interfaith Center on Corporate Responsibility, a coalition of
faith-based investors that has worked with Wal-Mart since 1990 on a
variety of social issues, demanded Monday that Chief Executive Lee
Scott apologize formally for a memo that lists the group as a
potential threat.
ICCR members have a total of more than 2 million shares in the
retailer.
“More importantly, we ask CEO Lee Scott to shift shareowner
resources away from these public relations activities and instead
focus on the core issues ICCR and other concerned investors have
been bringing to Wal-Mart for almost two decades: the human dignity
inherent in each supply chain worker, in-store employee, and
customer of Wal-Mart and Wal-Mart’s continuing obligation to them
and to its shareowners,” the group said in a statement.
Wal-Mart’s union-backed critics said the latest revelations about
Wal-Mart’s security operations and the share price project deserved
congressional scrutiny.
“Given the scope of the Wal-Mart spy scandal, the time has come for
congressional hearings to find out how deep this rabbit hole goes,”
said Chris Kofinis, spokesman for WakeUpWalMart.com.
The restraining order suggests that Gabbard, 44, might still have
Wal-Mart equipment or documents. It orders him to surrender any
documents or data and a long list of “all home and work computers,
personal digital assistants, hard drives, thumb drives, and all
other electronic or digital media and hardcopy information.”
It also orders Gabbard to provide Wal-Mart lawyers with “the names
of all persons to whom he has transmitted, since January 15, 2007,
any Wal-Mart information”.
Gabbard, a 19-year Wal-Mart veteran, was fired along with his
supervisor last month for allegedly recording phones calls between
a reporter and company spokespeople and for intercepting pager
messages between other persons. Wal-Mart said Gabbard violated its
policies.
Gabbard was part of a 20-strong security team called the Threat
Research and Analysis Group.
Wal-Mart made the case public last month and denied Gabbard’s
claims that his actions were the result of pressure from Kenneth
Senser, a former senior CIA and FBI official who has headed Wal-
Mart’s office of global security since 2003. Another FBI veteran,
Joseph Lewis, is head of corporate investigations under Senser.
Gabbard did not work for Senser’s department, although the company
and others familiar with the case said Senser has the authority to
work with staff from other divisions in carrying out
investigations. Gabbard has said he felt pressured by Senser to
find information leaks, while Wal-Mart has denied that those
conversations alleged by Gabbard took place.
Gabbard and his former supervisor, Jason Hamilton, who was also
fired, have declined repeated requests for interviews from The
Associated Press.
But in a text message to The Associated Press last week, Gabbard
confirmed the allegations that he was part of a broader
surveillance operation against company workers, critics, vendors
and consultants that he alleged were approved by the company.
See what's free at AOL.com.
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